Seanad debates

Thursday, 14 May 2009

Adoption Bill 2009: Report Stage (Resumed)

 

12:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

I thank the Senators for their comments. There is a range of amendments to consider. The amendments are related to each other in that they deal with consents to the making of an adoption order and the placing of a child for adoption. When considering whether to accept the amendments we must have cognisance of sections 16 to 18 because they go into much greater detail on the rights of the father and enhance the rights of the father while balancing them against the paramount interest, namely, that of the child, and also of the mother.

Section 16 refers to the right of the father to be consulted on the placement of a child for adoption. Section 17 requires the accredited body to take reasonable steps to ensure the father has been consulted. Section 18 deals with circumstances where the father's consent can be dispensed with on the authority of the High Court. In that three-stage strategy we try to introduce a balance in favour of a father's rights against the mother's rights and the child's paramount rights to be considered in any issue relating to the placement of a child for adoption. The later amendments in the group consider the father's rights on consent. We are dealing with the same principle in two different parts of the adoption process.

I accept that the amendment is well motivated but the concerns are addressed in the provisions of sections 16 to 18 and in the consents section later in the Bill. The concerns that have been raised have been adequately dealt with and reflect properly the balance that is required. One should bear in mind that, overall, this is a child-centred approach and the interests of the child are paramount. We have tried also to introduce such safeguards to ensure fathers are properly given an opportunity to object to consent in an informed way and that they are given all the support necessary to make those decisions. The decision in question is a life-long one and every step must be taken to ensure the decision made by the adoption authority is made in full knowledge of everybody who has a right prior to the adoption being made.

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